Payment PlansLos Angeles Murder & Homicide Lawyer
The Law Offices of David S. Chesley defends clients throughout Los Angeles facing murder, homicide, and manslaughter charges under California law.
A murder or homicide investigation can move quickly. Detectives may interview witnesses, collect phone records, review surveillance footage, examine firearms or vehicles, and seek search warrants before a person is even formally charged.
If you are under investigation or have been arrested for murder in Los Angeles, the details matter immediately. Depending on the charge, the prosecution may need to prove identity, causation, malice, intent, premeditation, participation in another felony, or other facts. The defense should begin examining those issues before evidence disappears or memories change.
Call (800) 755-5174 or contact our office online for a free consultation.
Reviewed by Attorney David S. Chesley, September 2026. California criminal defense since June 2005, SBN 236611.
Los Angeles Murder & Homicide Lawyer: Key Points
- If you are accused of murder, avoid discussing the case with police or witnesses, preserve digital and physical evidence, identify witnesses and surveillance footage, and give your attorney the full timeline.
- The Law Offices of David S. Chesley defends first-degree murder, second-degree murder, attempted murder, voluntary and involuntary manslaughter, vehicular manslaughter, Watson murder, solicitation to commit murder, and gang-related murder.
- California murder requires malice, which can be express or implied, and first-degree murder can involve premeditation, specified methods of killing, or qualifying felony-murder circumstances.
- California felony-murder law limits when a participant who was not the actual killer can still be convicted of murder, and manslaughter is distinguished from murder by the absence of malice.
- Prosecutors may need to prove identity, causation, malice, premeditation, felony-murder liability, special circumstances, and any enhancements charged.
- Penalties range from determinate prison terms for manslaughter to life sentences for murder, while possible defenses can involve self-defense, mistaken identity, lack of causation or malice, accident, and problems with eyewitness or forensic evidence.
What to Do If You Are Accused of Murder in Los Angeles
What you do after an arrest or during an investigation can affect how the case develops. A few steps are especially important:
- Do not discuss the facts of the case with police before speaking with a lawyer. You can provide basic identifying information without trying to explain or defend the accusation.
- Do not contact witnesses, alleged accomplices, or anyone involved in the investigation about what they should say.
- Preserve texts, photos, videos, call logs, location data, receipts, social media messages, and other records that may help establish a timeline.
- Do not delete or destroy information from a phone, computer, online account, or cloud service.
- Write down what happened while the details are still fresh, including where you were, who was present, what you saw, and what happened before and after the incident.
- Identify possible witnesses and surveillance cameras quickly. Video from homes, stores, parking lots, and vehicles may be overwritten after a short period.
- Tell your lawyer about facts that may look bad as well as facts that help you. Surprises are easier to address before the prosecution uses them.
Murder and Homicide Cases We Defend
- Attempted Murder
- First-Degree Murder
- Second-Degree Murder
- Voluntary Manslaughter
- Involuntary Manslaughter
- Vehicular Manslaughter
- Watson Murder / DUI Murder
- Solicitation to Commit Murder
- Gang-Related Murder
What Is Murder Under California Law?
California Penal Code § 187 defines murder as the unlawful killing of a human being, or a fetus in circumstances covered by the statute, with malice aforethought.
Malice does not always mean prosecutors must prove that someone planned a killing in advance. Penal Code § 188 recognizes both express and implied malice. Express malice exists when the evidence shows a deliberate intention to unlawfully kill. Implied malice can apply when the circumstances surrounding an intentional act show the level of disregard for human life required by California law.
That distinction is important in homicide cases. A person can face a murder charge even when the prosecution is not claiming that the killing was planned days or hours beforehand. At the same time, proving a death occurred is not enough by itself. Prosecutors still have to prove the mental state required for murder unless a specific felony-murder rule applies.
First-Degree vs. Second-Degree Murder
First-Degree Murder
Under Penal Code § 189, first-degree murder includes willful, deliberate, and premeditated killings as well as murders carried out through certain listed methods or during certain listed felonies. The statute includes killings involving poison, lying in wait, torture, specified firearm conduct, and qualifying felonies such as arson, rape, carjacking, robbery, burglary, kidnapping, and others.
A first-degree murder case can therefore depend on very different theories. In one case the fight may be over premeditation. In another, it may be over whether the accused was actually the killer, whether the underlying felony occurred, or whether the evidence connects the defendant to the death. Our first-degree murder lawyers examine the specific theory prosecutors are using rather than treating every case the same.
Second-Degree Murder
California law classifies other murders as second-degree murder. These cases may involve implied malice or an intentional killing that prosecutors cannot prove was first degree.
For example, a DUI-related death can sometimes be prosecuted as second-degree Watson murder when prosecutors claim the driver acted with implied malice. That is different from ordinary vehicular manslaughter and gross vehicular manslaughter while intoxicated, which have different elements and sentencing ranges.
How California Felony Murder Works
California's felony-murder law does not automatically make every participant in a felony guilty of murder whenever someone dies.
Under Penal Code § 189(e), a participant in one of the listed felonies can be liable for murder when the person was the actual killer, aided and abetted the killing with intent to kill, or was a major participant in the underlying felony and acted with reckless indifference to human life. A separate rule applies in cases involving the killing of an on-duty peace officer.
That means the prosecution may need to prove much more than simple presence at the scene or participation in the underlying offense. The defendant's role, knowledge, intent, and actions during the felony can become central issues.
Murder vs. Manslaughter
Manslaughter is not simply an "unplanned murder." Penal Code § 192 defines manslaughter as the unlawful killing of a human being without malice and divides it into voluntary, involuntary, and vehicular manslaughter.
Voluntary manslaughter can apply to a killing committed during a sudden quarrel or heat of passion. For example, a heated confrontation could escalate suddenly, and one person could kill the other while acting under intense provocation before having time to cool off. In some cases, imperfect self-defense may also reduce what would otherwise be murder to voluntary manslaughter when the defendant actually believed deadly force was necessary but that belief was not objectively reasonable.
Involuntary manslaughter generally involves an unlawful killing without malice resulting from criminally negligent conduct or from committing certain unlawful acts. For example, someone could handle a loaded gun in a dangerously careless way, causing it to fire and kill another person even though there was no intent to kill.
Vehicular manslaughter cases can involve ordinary negligence, gross negligence, intoxication, or facts serious enough for prosecutors to argue implied malice and pursue a Watson murder charge. The legal category depends on what happened before the collision, the driver's mental state, intoxication evidence, prior history, and causation.
What Prosecutors Must Prove in a Murder Case
The exact elements depend on the prosecution's theory, but a murder case can involve several separate questions:
- Did a person die, and what actually caused the death?
- Can the prosecution prove the defendant committed the act that caused the death or is legally responsible for it?
- Was the killing unlawful, or do self-defense, defense of another, accident, or another justification or excuse apply?
- Can prosecutors prove express or implied malice?
- If first-degree murder is charged, can prosecutors prove premeditation or another basis that makes the murder first degree?
- If felony murder is charged, does the defendant fit one of the categories allowed under Penal Code § 189(e)?
- If a special circumstance, firearm allegation, gang allegation, or other enhancement is charged, can the prosecution prove its separate elements?
The defense may challenge one issue or several at once. A case can involve strong evidence that a death occurred but weak evidence identifying the killer. Another case may turn on causation, intent, self-defense, or whether the facts support murder rather than manslaughter.
Penalties for Murder and Homicide in California
The sentencing range depends on the exact conviction and any special circumstances or enhancements.
| Charge | Possible Penalties |
|---|---|
| First-Degree Murder | Generally 25 years to life under Penal Code § 190. If a special circumstance under Penal Code § 190.2 is found true, the sentence can be life without the possibility of parole or death. |
| Second-Degree Murder | Generally 15 years to life. Higher sentences can apply in certain cases, including specified killings involving peace officers and certain drive-by shootings. |
| Voluntary Manslaughter | 3, 6, or 11 years under Penal Code § 193. |
| Involuntary Manslaughter | 2, 3, or 4 years. |
| Vehicular Manslaughter | With gross negligence: up to 1 year in county jail or 2, 4, or 6 years in state prison. Without gross negligence: up to 1 year in county jail. |
| Gross Vehicular Manslaughter While Intoxicated | 4, 6, or 10 years under Penal Code § 191.5. Prior qualifying convictions can substantially increase the sentence. |
Special Circumstances in a Los Angeles Murder Case
Some first-degree murder cases include special-circumstance allegations under Penal Code § 190.2. The statute covers numerous situations, including certain murders for financial gain, multiple murders, specified felony murders, witness killings, torture murders, gang-related murders, and other listed circumstances.
A special-circumstance allegation changes the potential punishment and adds another set of facts the prosecution has to prove.
Defenses to Murder and Homicide Charges in Los Angeles
A homicide defense has to be built around the facts and the prosecution's theory. Possible defenses or challenges can include:
- Self-defense or defense of another when the use of deadly force was legally justified.
- Mistaken identity or an alibi showing the defendant was not the person who committed the killing.
- Lack of causation when the prosecution cannot prove the defendant's conduct legally caused the death.
- Lack of malice when the evidence does not support the mental state required for murder.
- Lack of premeditation when the evidence may support a lesser degree of homicide rather than first-degree murder.
- Heat of passion or imperfect self-defense when the facts support voluntary manslaughter rather than murder.
- Accident when the evidence shows the death was unintentional and not the result of criminal conduct.
- Unreliable eyewitness identification, inconsistent statements, or problems with forensic evidence.
- Suppression of unlawfully obtained statements, physical evidence, or digital evidence.
Evidence in a Los Angeles Murder Investigation
Homicide cases often involve several kinds of evidence that need to be considered together. Depending on the allegations, the defense may need to examine:
- Surveillance, doorbell, traffic, or vehicle video
- Cell phone records, location data, and digital communications
- DNA, fingerprints, and other forensic evidence
- Firearms, ammunition, ballistics, and gunshot residue
- Autopsy findings and medical evidence
- 911 recordings and body-camera footage
- Eyewitness identifications and witness interviews
- Social media messages and account activity
- Vehicle data and accident reconstruction
- Expert opinions concerning cause of death, timing, toxicology, or other scientific issues
The defense should look at what the evidence actually proves, what assumptions investigators made, and whether different pieces of evidence fit together. In a serious homicide case, small inconsistencies can change the theory of what happened.
What Happens After a Murder Arrest in Los Angeles?
A felony homicide case usually begins with an arraignment, where the charges are formally presented, and the defendant enters a plea. Bail or detention issues may also be addressed early in the case.
The defense then receives and reviews discovery, including police reports, witness statements, video, forensic evidence, and other material gathered by the prosecution. In a felony case, a preliminary hearing may be held to determine whether there is enough evidence for the charges to continue.
From there, the case may involve motions challenging evidence or statements, additional investigation, negotiations, expert review, and trial preparation. If the case is not dismissed or resolved, the prosecution must prove the charges beyond a reasonable doubt at trial.
How a Los Angeles Murder Lawyer Can Help
A murder defense lawyer can begin investigating while the prosecution is still building its case. Depending on the facts, our work may include:
- Preserving surveillance video, phone data, and other evidence before it is lost
- Interviewing witnesses and comparing their accounts
- Reviewing search warrants, interrogations, and police procedures
- Analyzing forensic, medical, ballistic, digital, or accident-reconstruction evidence
- Working with appropriate experts when technical evidence is disputed
- Challenging identity, causation, malice, premeditation, or the degree of homicide
- Fighting special circumstances and sentencing enhancements
- Preparing for the preliminary hearing and filing appropriate motions
- Negotiating when a resolution serves the client's interests
- Preparing the case for trial when the prosecution's allegations should be contested before a jury
Los Angeles Murder & Homicide FAQs
What is the difference between first-degree and second-degree murder?
First-degree murder includes willful, deliberate, and premeditated killings and other murders specifically listed in Penal Code § 189. Other murders are generally second degree.
Can you be charged with murder if you did not plan to kill anyone?
Yes. California recognizes implied-malice murder, and felony-murder rules can apply in qualifying cases. The prosecution still has to prove the requirements of the particular theory it is using.
Can you be convicted of felony murder if you were not the person who killed anyone?
Potentially, but Penal Code § 189(e) limits when a participant who was not the actual killer can be convicted of murder. Prosecutors may need to prove intent to kill as an aider and abettor or that the defendant was a major participant who acted with reckless indifference to human life.
What is the difference between murder and manslaughter?
Murder requires malice. Manslaughter is an unlawful killing without malice. The facts surrounding intent, provocation, self-defense, negligence, and how the death occurred can determine which homicide law applies.
Can self-defense apply to a murder charge?
Yes. When the legal requirements for self-defense or defense of another are met, a homicide can be justified. When the defendant actually believed deadly force was necessary but that belief was unreasonable, the facts may instead raise imperfect self-defense and voluntary manslaughter.
Can a DUI death become a murder case?
Yes. California law allows prosecutors to pursue second-degree murder in some DUI death cases when the evidence supports implied malice. These are commonly called Watson murder cases.
Can murder charges be reduced to manslaughter?
They can be in some cases. Whether a manslaughter charge or resolution is legally supported depends on the evidence concerning malice, provocation, self-defense, intent, causation, and the circumstances of the killing.
Los Angeles Murder & Homicide Resources
California Murder & Homicide Laws
California Penal Code § 187: Murder
California Penal Code § 188: Express and Implied Malice
California Penal Code § 189: First-Degree, Second-Degree, and Felony Murder
California Penal Code § 190: Murder Sentencing
California Penal Code § 190.2: Special Circumstances
California Penal Code § 192: Manslaughter
California Penal Code § 193: Manslaughter Sentencing
California Penal Code § 191.5: Vehicular Manslaughter While Intoxicated
Los Angeles County Courthouses We Appear In
| Courthouse | Address | Link |
|---|---|---|
| Stanley Mosk Courthouse | 111 N. Hill St., Los Angeles, CA 90012 | lacourt.ca.gov |
| Clara Shortridge Foltz Criminal Justice Center | 210 W. Temple St., Los Angeles, CA 90012 | lacourt.ca.gov |
| Airport Courthouse | 11701 S. La Cienega Blvd., Los Angeles, CA 90045 | lacourt.ca.gov |
| Van Nuys Courthouse East | 6230 Sylmar Ave., Van Nuys, CA 91401 | lacourt.ca.gov |
| Governor George Deukmejian Courthouse (Long Beach) | 275 Magnolia Ave., Long Beach, CA 90802 | lacourt.ca.gov |
| Compton Courthouse | 200 W. Compton Blvd., Compton, CA 90220 | lacourt.ca.gov |
| Pasadena Courthouse | 300 E. Walnut St., Pasadena, CA 91101 | lacourt.ca.gov |
| Burbank Courthouse | 300 E. Olive Ave., Burbank, CA 91502 | lacourt.ca.gov |
| Inglewood Courthouse | One Regent St., Inglewood, CA 90301 | lacourt.ca.gov |
| Alhambra Courthouse | 150 W. Commonwealth Ave., Alhambra, CA 91801 | lacourt.ca.gov |
Neighborhoods and Cities We Serve
Downtown Los Angeles, Hollywood, West Hollywood, Beverly Hills, Santa Monica, Culver City, Van Nuys, Sherman Oaks, Encino, Woodland Hills and the San Fernando Valley, Burbank, Glendale, Pasadena, Long Beach, Torrance, Compton, Inglewood, Whittier, Pomona, and Alhambra.
Los Angeles Offices:
Law Offices of David S. Chesley, Inc.
Los Angeles Criminal Defense Attorneys and DUI Lawyers
445 South Figueroa Street
Suite 2700
Los Angeles, CA 90071
(213) 341-4427
Law Offices of David S. Chesley, Inc.
Los Angeles Criminal Defense Attorneys and DUI Lawyers
1933 S Broadway Suite 1100,
Los Angeles, CA 90007
(213) 908-2262
Contact a Los Angeles Murder & Homicide Lawyer Today
If you are under investigation or have been charged with murder or another homicide offense in Los Angeles, do not wait for the prosecution's case to take shape before beginning your defense.
The Law Offices of David S. Chesley can review the accusation, preserve evidence, examine the prosecution's theory, and begin building a defense based on the facts of your case. Call (800) 755-5174 or contact us online for a free consultation.
